Domestic violence act
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
respected sir,
i want to know that can a widow hindu women having only minor girl claim over the property in which she residing since last 25 years. please note that property is in the name of father in law.
ajay sethi
(Expert) 03 January 2012
recently the SC says daughter in law can not claim separate accomdation as a matter of right under the DV act from her in laws.
As a widow, you have a right to reside in your matrimonial home. Under the PWDVA,
you can apply for a Protection Order demanding that your in-laws do not harass you and
also a Residence Order demanding that they allow you back into the house.
ajay sethi
(Expert) 03 January 2012
delhi high Court had clarified the legal position in respect of domestic relationship in Vijay Verma Vs. State NCT of Delhi & Anr., Criminal Misc. No. 3878 of 2009 and observed as under:
“5. Filing of a petition under Protection of Women from Domestic Violence Act by the petitioner taking shelter of domestic relationship and domestic violence needs to be considered so that this Act is not misused to settle property disputes.
ajay sethi
(Expert) 03 January 2012
As a widowed daughter-in-law, you can also ask the court to grant you either monthly or
lump sum monetary maintenance from your father-in-law
Devajyoti Barman
(Expert) 04 January 2012
Yes in Batra vs Batra, the supreme court has made it quite clear that alternative accommodation can not cover the property owned by her in laws.
If the husband has no other property then he could be directed to provide accommodation ot his wife but his father's or mother's [property could be litigated.
N.K.Assumi
(Expert) 04 January 2012
Agreed with the members.
V R SHROFF
(Expert) 04 January 2012
"As a widow, you have a right to reside in your matrimonial home. Under the PWDVA,"
VERY WELL EXPLAINED AND REPLIED BY EXPERTS Shri Sethi & Shri Barman.
BEYOND THE EXPECTATIONS & IN CONCRETE DETAILS.
Deepak Nair
(Expert) 04 January 2012
Sufficiently guided by the experts.
Shonee Kapoor
(Expert) 05 January 2012
I disagree with some of the experts.
In PWDVA, 2005, you and your daughter can enforce your rights against in-laws as far as right of residence is concerned, even if the property didnot belong to your Husband provided you have been staying in the same house and that is your matrimonial house.
And in anycase peaceful possession of 25 years means that they can not throw you out of the house just like that.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 08 January 2012
I completely share the views of shonee. You have acquired right to reside in the given house due to passage of the time.
Querist :
Anonymous
(Querist) 08 January 2012
Thanx to all.
